Dear Property Doctors,
I am a recently single parent with no experience of handling property matters.
My next-door neighbours, with whom I have never engaged with before, have learned of my situation and unexpectedly came around to offer their support. At the same time, they said that they wanted to remove the current hedge that separates our garden and replace it with a very modern fence.
My garden is very traditional and a modern grey fence would look completely out of place. They showed me the deeds diagram and said it proved they owned the hedge. It is not clear to me that that is the case at all, but they have said I would need to go to a solicitor to prove otherwise.
My question is: if I’m happy with the status quo, do they have a right to remove the hedge and replace it with a fence, if it is indeed their hedge?
Do I have to pay for the costs in determining who owns the hedge if it is not clear from the deeds diagram? I feel quite vulnerable and alone so would appreciate your guidance.
GB, by email
It is always difficult to know to whom a boundary feature such as a fence or a hedge belongs.
I am not certain what “deeds diagram” you were shown. The Land Registry operates the so-called “general boundaries rule” which means you cannot just look at the title plan and try and work out from there where the boundary is.
If it transpires that the hedge does indeed belong to your neighbours then I am afraid there is nothing you could do to stop them removing it. Your only remedy would be to plant a new hedge on your side of the fence.
As to your question about costs, if the matter went to litigation, the normal rule is that the loser pays the winner’s costs.
Notoriously, these sorts of boundary disputes are very expensive and often are totally disproportionate to the value of the land one is arguing about so you must do everything in your power to avoid litigation.
David Fleming is the head of property litigation at William Heath & Co solicitors (williamheath.co.uk)
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